Court rejects Franken bid to be seated in Senate

[onehandle]

Source: AP

ST. PAUL, Minn. – The Minnesota Supreme Court has rejected Democrat Al Franken's petition for an election certificate that would put him in the U.S. Senate without waiting for a lawsuit to be resolved.

Franken is ahead of Republican Norm Coleman by 225 votes. Coleman's ongoing lawsuit argues some uncounted absentee ballots were wrongly rejected.

Franken sued to force Gov. Tim Pawlenty and Secretary of State Mark Ritchie to sign an election certificate. Franken argued that federal law required it.

But the state Supreme Court disagreed. In their ruling Friday, the justices said states aren't required to issue such certificates by the date that Congress convenes.

Read more: http://news.yahoo.com/s/ap/20090306/ap_on_re_us/minnesota_senate_9

[aquart]

1. Republican court?

on edit: Don't mind about this. They're establishing a precedent that can be used against them, short-sighted Mr. Magoos that they are.

[Idealism]

5. The law in Minnesota is tedious, but thorough pertaining to elections.

They must exhaust all challenges before seating a Senator. I don't mind, as long as the law is upheld.

[Sebastian Doyle]

6. Four Pawlenty appointees including the Chief Justice

Yeah, I'd say they're the state equivalent of the Felonious Florida Five that gave us Chimpy.

[1monster]

11. The Felonious Five were NOT Floridians. The FLORIDA Supreme Court ruled to count ALL of the votes.

[Sebastian Doyle]

13. When I say "Felonious Florida Five" its a reference to the 5 Bush Crime Family appointees

who committed the unconstitutional theft of a presidential election, by preventing the vote count in Florida.

[aquart]

25. Generally referred to as the Filthy Five.

[AZ Criminal JD]

17. The decision was approved by both Democratic and Republican justices

[Renew Deal]

2. I guess it was worth a shot.

:shrug:

[jefferson_dem]

3. what. the. fuck. are. they. waiting. for?

:shrug:

[AndyTiedye]

18. The Next Election

They will not allow Franken to be seated. At all. They own the courts, so they can to it.

[JSK]

4. This AND Don Siegelman' s appeal denied in the same day?

:mad:

[acmavm]

7. Siegelman's appeal was denied? Where? I saw that they

dismissed two of the issues that he based his appeal on and upheld the rest.

[no_hypocrisy]

8. Here. (Shit!)

http://seattletimes.nwsource.com/html/businesstechnology/2008821703_apsiegelmantrial.html

[defendandprotect]

27. Oh -- that is outrageous....Democratic Party has to get involved in this . . .

this level of corruption of courts/justice is like being governed by Mafia ---

and it is a threat to each one of us -- and every Democratic elected official!!!

Why don't they wake up???

[wackywaggin]

9. This is not the main argument of the case.

This is just a sidebar to the main case about the ballots. It was pretty much expected by the Franken camp, so don't read too much into this decision.

:puffpiece:

[scytherius]

10. A good ruling. You don't want . . .

a solid appealable issue for Coleman. This is just one of those "we gotta try it" petitions. Mostly gives the court a throw away so they can seem as though they were "fair".

[MineralMan]

12. Al tried an end run around the process...

It didn't work. Minnesota laws are quite precise about how contested elections are handled, and that is the process that is going on right now. The Franken team is putting on their case before the panel that rules on contested elections. Once his case has been presented and the arguments from both sides, along with their various motions, are complete, the panel will rule, and there will be a winner. At this point, based on their rulings on motions, that winner will be Al Franken.

Under the law, Coleman will be able to appeal to the Minnesota Supreme Court, which is not, by any means, a "Republican" court. They will, almost certainly, uphold the decision of this panel. At that point the certificate of election will be issued.

Coleman may, I suppose, try to make a federal case out of it, but he will certainly lose. Elections are a state issue, and it's highly unlikely that the SCOTUS will be interested in that can of worms.

I live here. I've been watching the process, and I've studied the state laws. Things are going as they must go. Patience, please. If you want to research the laws, then you can do that, but you'll find that there is no way to bypass this process, which is what the MN Supreme Court just said.

The MN election process is as clean as a whistle. There are local precinct errors, which are being corrected, and those corrections have been in Franken's favor. Right now, the only issue has to do with previously rejected absentee ballots. The recount is over. If those disputed absentee ballots are counted, Franken will still come out on top, almost certainly.

Just wait a little longer. There is no option.

[elocs]

14. It's great to hear from a Minnesotan as opposed to those who blather on

but know nothing about MN law and whenever things do not go their perceived way, then it must be a Republican conspiracy. I dare we need to hear your voice more often here on this matter as a counterbalance to those who have no trouble issuing opinions without knowing the facts. Yes, the MN election process is as clean as a whistle and their judicial system is also fair and clean. Let's do this by the numbers and have patience.

[MineralMan]

15. Thanks. I do get tired of people who don't understand the law

at all making statements that are simply untrue.

[elocs]

16. You're welcome. I'm in La Crosse, WI, just across the Mississippi from MN

so I have familiarity with MN and its news. I see so very many posts here from people who know absolutely nothing about MN and its election process and its laws, but feel qualified to pontificate on the Coleman/Franken case. Elections and election law in MN stands head and shoulders above nearly every other state as well as having an electorate that turns out and votes in numbers that put most other states to shame.

[AndyTiedye]

19. So How Do You Think This Will Play Out?

Will Franken EVER be seated? If so, in which year?

[elocs]

21. MineralMan could give a more informed answer. My guess would be

that after this 3 judge panel makes its ruling for Franken, then governor Pawlenty will be pressured to certify him and the SOS will also and Franken will be sworn into the Senate. Coleman will then be free to appeal for as long as he can. Again, that's just my opinion.

[elocs]

22. double post

[footinmouth]

20. The case is interesting

I'm not from Minnesota but I've been watching the proceedings daily. I'm quite impressed with the process. MineralMan, did you enjoy Mrs. Howell's testimony? She was sure a bit of comic relief.

[Jefferson23]

23. Hang in there Franken, it shouldn't be too much longer.

[libodem]

24. GOD DAMMIT

[Dinger]

26. This IS Fucking Ridiculous. reid Says They're Short Votes For The Spending Bill,

Why don't the Dems do something?